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A comment on Archive.org Seeks Summary Judgment in Lawsuit Filed by Publishing Companies. Parent comment

Re:Archive.org Seeks Summary Judgment in Lawsuit Filed by Pu... by YPPH on Wednesday July 20, 2022 @08:37PM (#32174340)
A party applies for summary judgment to be entered when, speaking in very general terms, the other side's case is not reasonably arguable. That is, no reasonable jury/judge could find for the other party.

It doesn't have anything to do with morals, it's a procedural process that avoids the need for an expensive trial to defend a hopeless claim.

Of course, a party might lose a summary judgement application but ultimately win at trial.

[ Parent | on HN ]
Re:Archive.org Seeks Summary Judgment in Lawsuit Filed by Pu... by jw1224 on Wednesday July 20, 2022 @08:40PM (#32174367)
The general consensus I’ve read on HN is that the IA is pretty clearly guilty. But they’re the ones seeking the summary judgment in their own favour. Hence I respect their position, for taking a moral stance despite not having much of a legal leg to stand on.
[ Parent | on HN ]
Re:Archive.org Seeks Summary Judgment in Lawsuit Filed by Pu... by indymike on Wednesday July 20, 2022 @10:29PM (#32175097)
HN is generally a bad predictor of what courts will do.
[ Parent | on HN ]